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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

Boston Suburban allegedly continued to use the “Logan Car Servicemark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

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Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). “Pennsylvania law imposes on insurers a broad duty to defend lawsuits brought against those they insure.” Likewise, the exclusions were construed in favor of coverage.

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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. LStar didn’t plead its own trademark use. What about injury? “[H]ere

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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Trade Dress Protection: Laws and Its Relevance

IP and Legal Filings

The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition. Section 43(a) of the Lanham Act specifically deals with the statutory remedies that are available for false advertising.

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